Carnrick v. McKesson

BhATCiu’ORD, 0. J.

The purport and object of the plea in this case seem to be to put in evidence certain specified patents and publications which the plea alleges existed prior to the original patent sued on, and describe and show inventions and subject-matters embraced and contained in the reissue. These patents and publications are set up in the plea as showing that the reissue is not for the same invention as the original patent, “hut embraces and contains” what is found in such prior patents and publications. It does not follow that because what is found in the reissue is found in patents…